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Tuhfatul Janan
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USRAH: Jurnal Hukum Keluarga Islam
Published by Sekolah Tinggi Agama Islam Muhammadiyah Probolinggo
ISSN : 27471411     EISSN : 27471403     DOI : https://doi.org/10.46773/Usrah
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic Civil law. In the beginning, the journal only served as a scholarly forum for the lecturers, professors, and students at the State Institute of Islamic Studies. However, due to the later development, the journal has successfully invited scholars and researchers outside the Institute to contribute. Until now, with the fair procedure of double peer-review, Usrah continues to publish researches and studies concerned with Islamic Family Law, Gender Discourse, and Legal Drafting of Islamic Civil Law with various dimensions and approaches. Usrah, published twice a year, always places Islamic Family Law, Gender Discourse, and Islamic Civil Law in the central focus of academic inquiry and invites any comprehensive observation of Islam Family Law as a normative Islam and a system of society and Muslims as those who practice the religion with their many facets.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 270 Documents
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MANAJEMEN KEUANGAN KELUARGA MUSLIM DALAM KONDISI KETERBATASAN EKONOMI: ANALISIS HUKUM KELUARGA ISLAM Umar Hassan Al Rasyid; Emha Hasan Aminullah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/xjjrf830

Abstract

This study analyzes financial management practices among Muslim families under economic limitation and examines their relevance within Islamic family law. The study employs a descriptive qualitative approach through interviews and questionnaires with six Muslim family participants in Jember Regency. Unlike previous studies that tend to be normative and conceptual, this study examines empirical experiences of Muslim families at the micro level under significant economic constraint. The findings indicate that wives hold a dominant role as household financial managers, while husbands as breadwinners entrust daily needs to their wives. Participating families developed various economic adaptation strategies, including prioritizing essential needs, reducing expenditures, and reinforcing religious values such as qana'ah, patience, and tawakkal. Within Islamic family law, this practice does not contradict the principle of qiwāmah; rather, it represents domestic cooperation consistent with mu'āsyarah bil ma'rūf. Analysis was also conducted within the maqāṣid al-syarī'ah framework, particularly regarding preservation of life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl). The husband's nafkah obligation is understood proportionally based on QS. at-Thalāq (65): 7, while the wife's role reflects fulfillment of domestic amanah. This study offers a concept of multidimensional Muslim family welfare built through domestic financial management, spousal trust, and internalization of religious values
FRAGMENTASI OTORITAS INTERPRETATIF PENGHULU DALAM PRAKTIK TAKLIK TALAK KONTEMPORER : STUDI KASUS DI KOTA PALANGKARAYA Aris Sunandar Suradilaga; Tiara Salsabila; Eka Suriansyah; Akhmad Kamil Rizani
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/emx1a654

Abstract

This study examines the fragmentation of marriage registrars’ interpretive authority regarding the omission of the oral recitation of the ṣīghat taklik talak in contemporary marriage ceremonies in Palangka Raya and its implications for the protection of women’s rights. Using an empirical legal method with a socio-legal approach, data were collected through interviews, observations, and documentation involving marriage registrars from several Offices of Religious Affairs (KUA) and analyzed qualitatively. The findings reveal differing views among marriage registrars. Some consider the oral recitation of the ṣīghat taklik talak a quasi-obligatory practice that functions as legal education and a safeguard for wives’ rights, while others argue that signing the taklik talak document in the marriage certificate is sufficient to fulfill legal requirements. The omission of oral recitation is influenced by time constraints, limited legal literacy, and cultural perceptions that regard the mention of divorce (talak) on the wedding day as taboo. Although this practice does not affect the validity of marriage, it may weaken legal awareness and reduce the protective function of taklik talak for women. Theoretically, the findings reinforce socio-legal perspectives and the relevance of maṣlaḥah mursalah in understanding the preventive role of ṣīghat taklik talak. Practically, the study highlights the need to strengthen premarital legal literacy and standardize marriage services within KUA institutions
REKONSTRUKSI NORMATIF ATTACHMENT STYLE ANXIOUS AVOIDANT DALAM PERNIKAHAN: ANALISIS HUKUM KELUARGA ISLAM BERBASIS MAQASID AL-SYA’RIAH Rama Rifqi Fahreza Fahreza; Muhsan Syarafuddin
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/q93wef34

Abstract

This study aims to conduct a comprehensive normative-juridical analysis of anxious and avoidant attachment behaviors within marital relationships from the perspective of Islamic Family Law. The urgency of this research is grounded in the phenomenon of insecure attachment styles, which frequently serve as the root of systematic conflicts yet are often overlooked in legal considerations due to their non-physical nature and the difficulty of evidentiary proof. The research methodology employed is qualitative, utilizing a literature review, conceptual approach, and legal comparison. The results demonstrate a novel contribution through the reconstruction of insecure attachment styles as a juridical variable, representing a simultaneous accumulation of internal nusyūz (disobedience) and syiqāq (chronic discord). These behaviors are explicitly qualified as ḍarar ma’nawī (psychological harm), possessing an objective threshold defined by the criteria of masyaqqah (extraordinary hardship) and the disruption of household stability. These findings provide new legitimacy for judges to exercise legal intervention based on Supreme Court Circular (SEMA) No. 3 of 2023, allowing for judicial action without adhering to the formal six-month separation requirement to uphold the principle of ḥifẓ an-nafs (protection of the soul). In practical application, this research integrates empirical data regarding the negative correlation between insecure attachment and marital satisfaction with curative mediation mechanisms through the role of ḥakam (mediators) specialized in psychospiritual aspects. The integration of Quranic values and positive legal instruments aims to terminate destructive internal harm while ensuring legal certainty and the protection of human dignity within the institution of marriage in Indonesia.
ANALISIS ADAT PRA-PERKAWINAN UTAMA, MADYA DAN NISTA ADAT PEGAYAMAN SEBAGAI MEKANISME PREVENTIF PERCERAIAN DALAM PERSPEKTIF LIVING LAW DAN MASLAHAH MURSALAH Salsabila Rivani; Sudirman Hasan; Isroqunnajah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/cd37g629

Abstract

This study aims to analyze the role of pre-marital customary practices in preventing divorce in Pegayaman Traditional Village and to examine their relevance from the perspective of living law and maslahah mursalah. This research employs an empirical legal method with a qualitative approach, focusing on understanding social practices within the community. Data were collected through in-depth interviews, observation, and documentation involving customary leaders, religious figures, and couples who have undergone the pre-marital process. The findings reveal that pre-marital customs in Pegayaman function as a preventive social mechanism by assessing the readiness of prospective couples in terms of mental, emotional, and economic aspects. Furthermore, these practices operate as living law that is socially binding and consistently implemented within the community. From the perspective of maslahah mursalah, such customs provide tangible benefits and align with the objectives of Islamic law, particularly in preserving family stability and preventing divorce. Therefore, pre-marital customs in Pegayaman can be considered an effective preventive instrument in maintaining household resilience.
PERLINDUNGAN ANAK KORBAN PERCERAIAN DI LINGKUNGAN PESANTREN: ANALISIS SOCIO-LEGAL DALAM PERSPEKTIF HUKUM ISLAM, HUKUM POSITIF DAN PSIKOSOSIAL Alfindo Fernanda Risqi; Leliya; Samsudin
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/m7gfpx13

Abstract

This study examines the protection of children affected by parental divorce in Islamic boarding school (pesantren) environments through a socio-legal approach that integrates Islamic law, Indonesian positive law, and psychosocial perspectives. The research is motivated by the gap between comprehensive legal norms governing child protection and empirical realities, which show that their implementation remains largely formalistic and has not fully addressed children’s psychosocial needs. This study employs a qualitative method with a normative-empirical approach. Data were collected through in-depth interviews, participatory observation, and documentation at Pesantren Sains Salman Assalam Cirebon, involving students from divorced families, caregivers, dorm supervisors, and parents. The findings indicate that children of divorced parents experience psychosocial impacts such as emotional disturbances, difficulties in social adaptation, reduced self-confidence, and spiritual challenges. Nevertheless, pesantren play an important role in building children’s resilience through collective caregiving, social support, emotional mentoring, and religious practices that function as religious coping mechanisms. The study also identifies a gap between legal norms and their implementation, particularly in post-divorce child support monitoring and psychosocial assistance services. In conclusion, the protection of children affected by divorce requires a more holistic and integrated approach that goes beyond legal certainty and emphasizes psychological and social recovery through the involvement of community-based institutions such as pesantren.
LEGAL CERTAINTY AND THE LIMITATION OF FULL ASSET HIBAH TO NON-MARITAL CHILDREN: A COMPARATIVE ANALYSIS OF THE INDONESIAN CIVIL CODE, COMPILATION OF ISLAMIC LAW, AND AHKAM HADITH Zuhairiah Zuhairiah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/c537jb63

Abstract

This study examines the legal certainty surrounding the transfer of 100% of assets through hibah Indonesian Civil Code (ICC), the Compilation of Islamic Law (CIL), and the perspective of Ahkam Hadith. This issue arises from the inherent tension between the principle of freedom of property disposition and the protection of heirs’ compulsory shares (legitime portie). This research adopts a normative juridical approach with a comparative method, focusing on the synchronization between positive legal norms and their underlying theological foundations. The findings reveal that Article 913 of the ICC permits the filing of a reduction claim (inkorting) when a grant infringes upon the compulsory portion of heirs. From an Islamic legal perspective, the CIL imposes limitations on hibah to prevent prejudice against heirs, in line with the principles derived from Ahkam Hadith, particularly the hadith of Nu’man bin Bashir, which emphasizes justice (al-‘adl) among children and the prohibition of harm. Furthermore, the limitation of one-third of the estate in Islamic legal practice reinforces the restriction against total transfers that may eliminate legitimate inheritance rights. This study concludes that the transfer of 100% of assets to a child born out of wedlock potentially creates legal uncertainty and increases the risk of annulment of the notarial deed. Therefore, notaries play a crucial role in mitigating such risks through the incorporation of preventive clauses in legal instruments, ensuring legal protection and alignment with principles of justice in Islamic law, thereby minimizing the likelihood of future disputes
REKONSTRUKSI DELIK ADUAN PERZINAAN DALAM KUHP NASIONAL: RASIONALITAS YURIDIS KETAHANAN KELUARGA DAN PERAN SIRI' NA PESSE DI PAREPARE Khaerunnisa; Oktaviani; Mutmainna; Muhammad Fadil Widhana; Nurfajri Hasbulllah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/n0n5nd45

Abstract

The expansion of adultery legal standing to parents and children under Article 411 of Law No. 1/2023 triggers an academic 'engineering paradox.' Employing a normative-empirical legal method with a socio-legal approach, this study analyzes the juridical rationality of this expansion and its impacts on family resilience in Parepare City. Data were gathered through purposive sampling, combining documentary analysis of 24 police case files (2020–2024) and semi-structured deep interviews with five key informants. The dataset was analyzed using an interactive qualitative model integrated with thematic analysis, and its rigor was validated through member-checking and theoretical triangulation. The ultimate novelty of this research is offering the 'cultural filter mechanism' concept as a theoretical model to moderate complaint-based offenses within a living law framework. Empirically, thematic analysis reveals that the Siri’ na Pesse system moderates state law; while Siri’ triggers honor defense, Pacce (empathy) acts as a social brake, channeling conflicts into Tudang Sipulung (customary council) rather than formal courts. This research contributes theoretically to constructing a 'Restorative-Cultural Enforcement Model' that harmonizes national restorative regulations (Perpol, Perja, and PERMA) with indigenous institutions. It positions traditional mediation as a crucial institutional shield to preserve family resilience from the destructive nature of modern criminal proceedings.
IMPLEMENTASI PRINSIP MEMPERSUKAR PERCERAIAN DALAM MENEKAN TINGGINYA ANGKA PERCERAIAN DI PENGADILAN AGAMA SOREANG Noval Aditya; Ahmad Damiri; Ahmad Maula Hadi
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/tw5zf251

Abstract

The high divorce rate in the Soreang Religious Court raises fundamental questions about the extent to which the principle of making divorce difficult as mandated by Law Number 1 of 1974 can be effectively implemented by judges. Previous studies have discussed the factors causing divorce and the relevance of the principle of making divorce difficult from an Islamic legal perspective, but there has been no research that empirically examines the strategies and concrete efforts of judges in operationalizing this principle amidst the high divorce rate, particularly in the Soreang Religious Court. This study aims to fill this scientific gap by examining the implementation of the principle of making divorce difficult through Grindle's policy implementation theory approach, which has not been applied in similar research contexts. This study uses an empirical juridical approach and is a field study. Primary data were obtained through interviews with judges at the Soreang Religious Court, while secondary data came from official documents of the Soreang Religious Court, Law Number 1 of 1974, SEMA, and several other literature reviews such as books, articles, and others to support the primary data. The findings of this study indicate that the Soreang Religious Court's application of the principle of making divorce difficult is ineffective, hampered by the absence of many defendants in court, thus hindering the efforts to reach a settlement. Furthermore, inter-institutional cooperation is needed to make this principle of making divorce difficult more effective.
DISHARMONISASI RUMAH TANGGA PADA PASANGAN MUDA AKIBAT JUDI ONLINE: PERSPEKTIF HUKUM KELUARGA ISLAM DI KELURAHAN TANJUNG AMAN KABUPATEN LAMPUNG UTARA Muhammad Eko Priyono; Nurnazli; Dharmayani
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/36ztev22

Abstract

Advances in digital technology have increased access to online gambling, which has impacted family life, particularly among young couples. This study aims to analyze the forms of marital discord resulting from online gambling and examine them from the perspective of Islamic family law. The research method employed is qualitative, utilizing descriptive-analytical and normative-empirical approaches. Data were collected through interviews, observations, and documentation involving three young couples, religious leaders, and community leaders in Tanjung Aman Village, Kotabumi Selatan Subdistrict, North Lampung Regency. The results of the study indicate that online gambling leads to deteriorating communication, loss of trust, neglect of responsibilities, recurring conflicts, and reduced attention toward one’s partner. Its impacts include economic instability, neglect of family obligations, and a decline in domestic harmony. From the perspective of Islamic family law, online gambling constitutes maysir, which entails mafsadah, contradicts the maqāṣid al-usrah, and can be categorized as nusyuz and syiqaq. This study contributes to the development of Islamic family law research regarding the protection of family resilience from the impacts of online gambling.
DISPARITAS PUTUSAN TENTANG IZIN POLIGAMI ANALISIS PERBANDINGAN PUTUSAN HORIZONTAL DI PENGADILAN AGAMA BANDUNG Elfiana Fitri Wardani; Lena Ishelmiany Ziaharah; Riyan Ramdani
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/sv7q3v22

Abstract

This study is motivated by the existence of judicial disparity in polygamy permit cases, particularly in Decision Number 3107/Pdt.G/2025/PA.Badg and Decision Number 3144/Pdt.G/2025/PA.Badg, despite having relatively similar grounds for application. This research aims to analyze the judges’ legal reasoning in both decisions, identify the juridical factors causing the disparity, and examine them from the perspective of Islamic family law and Indonesian positive law. The method used is normative legal research with a qualitative approach he method used is normative legal research with a qualitative approach using the analysis of primary and secondary legal materials. The results show that the disparity is caused by differences in the interpretation of Article 4 paragraph (2) and Article 5 paragraph (1) of Law Number 1 of 1974, differences in the position of the Compilation of Islamic Law in judicial reasoning, and the absence of clear guidelines regarding the recognition of reasons beyond normative provisions. The first decision applies a limitative approach, resulting in the application being declared inadmissible, while the second decision adopts a non-limitative approach by considering public interest (maslahah) and the prevention of adultery, leading to the approval of the application. This disparity reflects the tension between normative and contextual approaches in religious court practices, which ultimately affects legal certainty and consistency in judicial decisions.

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